902 So. 2d 550 - State v. Lai’s Empirical Analysis

Citation profile

15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a reference to the testimony as uncontroverted focuses the jury's attention on the defendant's failure to testify”

   2 later decisions quote this exact passage
   e.g. State v. Theriot · 985 So. 2d 234 - State v. Jones

2. “In cases where the prosecutor simply emphasized that the state's evidence was unrebutted, and there were witnesses other than the defendant who could have testified on behalf of the defense but did not do so, we have held that the prosecutor's argument did not constitute an indirect reference to the defendant's failure to take the stand. . . . On the other hand, where the defendant is the only witness who could have rebutted the state's evidence, "a reference to the testimony as uncontroverted focuses the jury's attention on the defendant's failure to testify" and mandates a mistrial. . . . [14]”

   1 later decision quote this exact passage
   e.g. State v. Theriot